DHS 108.02(10)(10) Estate recovery. The department shall file a claim against the estate of a recipient or client or against the estate of the surviving spouse of a recipient or client as provided in ss. 49.496 and 49.849, Stats., and s. 46.27 (7g), 2017 Stats., to recover only the following: DHS 108.02(10)(a)(a) The amount of medical assistance paid on or after October 1, 1991, on behalf of the recipient while the recipient resided in a nursing home. DHS 108.02(10)(b)(b) The amount of medical assistance paid on or after July 1, 1995, on behalf of the recipient while the recipient was an inpatient in a hospital and was required to contribute to the cost of care pursuant to s. DHS 103.07 (1) (d). DHS 108.02(10)(c)(c) The amount of medical assistance paid on or after July 1, 1995, for any of the following services provided to the recipient under the medical assistance program or any federal medical assistance waiver program under 42 USC 1396n (c) or 1396u after the recipient attained 55 years of age: DHS 108.02(10)(c)5.5. Inpatient services which are billed separately by providers and which are listed as non-covered hospital services in s. DHS 107.08 (4) (d) provided during a period of time in which the recipient was approved to have home and community-based waiver services funded pursuant to 42 USC 1396n (c) or 1396u. DHS 108.02(10)(d)(d) The amount of long-term community support services paid on or after January 1, 1996, on behalf of a client for services funded under s. 46.27 (7), 2017 Stats., after the client attained 55 years of age. DHS 108.02(11)(a)(a) The department may make adjustments to and settle estate claims and liens filed under s. 49.496 or 49.849, Stats., and s. 46.27 (7g), 2017 Stats., to obtain the fullest amount practicable. DHS 108.02(11)(b)(b) The department shall take a lien in full or partial settlement of an estate claim against the portion of an estate that is a home if either of the following apply: DHS 108.02(11)(b)1.1. A child of the recipient or client, regardless of age, resides in the decedent’s home and that child resided in the home for at least 24 months before: DHS 108.02(11)(b)1.a.a. The date the recipient was admitted to a nursing home, the expenses for which are subject to recovery under sub. (10) (a), and that child provided care to the recipient that delayed the recipient’s admission to the nursing home; DHS 108.02(11)(b)1.b.b. The date the recipient was admitted to a hospital, the expenses of which are subject to recovery under sub. (10) (b), and that child provided care to the recipient that delayed the recipient’s admission to the hospital; or DHS 108.02(11)(b)1.c.c. The date the recipient or client began receiving services which are subject to recovery under sub. (10) (c) 3. or (d), and that child provided care to the recipient or client that delayed the recipient’s or client’s receipt of the services. DHS 108.02(11)(b)2.2. A sibling of the recipient or client resides in the decedent’s home and that sibling resided in the home for at least 12 months before: DHS 108.02(11)(b)2.a.a. The date the recipient was admitted to a nursing home, the expenses for which are subject to recovery under sub. (10) (a); DHS 108.02(11)(b)2.b.b. The date the recipient was admitted to a hospital, the expenses for which are subject to recovery under sub. (10) (b); or DHS 108.02(11)(c)(c) Except as provided in par. (d), the lien shall be payable upon the death of the child or sibling or upon the transfer of the property, whichever comes first. DHS 108.02(11)(d)(d) If the child or sibling sells the home against which the department has taken a lien under par. (b) and uses the proceeds of that sale to buy another home which will be used as the child’s or sibling’s primary residence, then the following apply: DHS 108.02(11)(d)1.1. If the amount of the child’s or sibling’s payment for or down payment on the second home is equivalent to or greater than the amount received as the proceeds from the sale of the first home, the department shall transfer the lien to the second home. DHS 108.02(11)(d)2.2. If the amount of the child’s or sibling’s payment for or down payment on the second home is less than the amount received as the proceeds from the sale of the first home, the department may recover the amount of the lien to the extent that the proceeds from the sale of the first home exceed the amount of the child’s or sibling’s payment or down payment on the second home. The department shall transfer any remaining portion of the lien to the second home. DHS 108.02(12)(a)1.1. “Beneficiary” means any person nominated in a will to receive an interest in property other than in a fiduciary capacity. DHS 108.02(12)(a)2.2. “Decedent” means a deceased recipient or the deceased surviving spouse of a recipient who received benefits that are subject to recovery under s. 49.496 or 49.849, Stats., and s. 46.27 (7g), 2017 Stats. DHS 108.02(12)(a)3.3. “Heir” means any person who is entitled under the statutes of intestate succession, ch. 852, Stats., to an interest in property of a decedent. DHS 108.02(12)(a)4.4. “Recipient” means a person who received services funded by medical assistance or the long-term community support program under s. 46.27 (7), 2017 Stats. DHS 108.02(12)(a)5.5. “Waiver applicant” means a beneficiary or heir of a decedent who requests the department to waive an estate claim filed by the department pursuant to s. 49.496 or 49.849, Stats, and s. 46.27 (7g), 2017 Stats. DHS 108.02(12)(b)1.1. A beneficiary or heir of a decedent may apply to the department for a waiver of an estate claim filed by the department. The department shall review an application for a waiver under this subsection and shall determine whether the applicant meets the criterion under subd. 2. a., b. or c. If the department determines that the criterion under subd. 2. a., b. or c. is met, the department shall waive its claim as to that applicant. DHS 108.02(12)(b)2.2. Any of the following situations constitutes an undue hardship on the waiver applicant: DHS 108.02(12)(b)2.a.a. The waiver applicant would become or remain eligible for supplemental security income (SSI), food stamps under 7 USC 2011 to 2029, or medical assistance if the department pursued its claim. DHS 108.02(12)(b)2.b.b. A decedent’s real property is used as part of the waiver applicant’s business, which may be a working farm, and recovery by the department would affect the property and would result in the waiver applicant losing his or her means of livelihood. DHS 108.02(12)(b)2.c.c. The waiver applicant is receiving general relief, relief to needy Indian persons or veterans benefits based on need under s. 45.40 (1m), Stats. DHS 108.02(12)(c)1.1. The department shall provide written notice of the hardship waiver provisions to the person handling the decedent’s estate, if that person can be ascertained from the probate information provided to the department, or, if that person cannot be ascertained, the department shall include the notice with the copy of the claim it files with the probate court. DHS 108.02(12)(c)2.2. The person handling the decedent’s estate shall be responsible for notifying the decedent’s beneficiaries and heirs of the hardship waiver provisions. DHS 108.02(12)(d)1.1. A waiver applicant shall mail his or her application for a waiver in writing to the department within 45 days after the date the department mailed its claim or affidavit pursuant to s. 49.496 or 49.849, Stats., or its notice under par. (c), whichever is later. The application shall include the following information: DHS 108.02(12)(d)1.a.a. The relationship of the waiver applicant to the decedent and copies of documents establishing that relationship; and DHS 108.02(12)(d)1.b.b. The criterion under par. (b) 2. a., b., or c. which is the basis for the application and documentation supporting the waiver applicant’s position. DHS 108.02(12)(d)2.2. The department shall review each application and issue a written decision within 90 days after the application was received by the department. The department shall consider all information received within 60 days following receipt of the application. The department’s decision shall be based on information received within that time-period. The department’s written decision shall include information regarding the waiver applicant’s right to a hearing under par. (e). DHS 108.02(12)(e)1.1. If a waiver applicant wishes to contest the department’s decision denying a waiver, the waiver applicant shall serve the department with a request for a hearing within 45 days of the date the department’s decision was mailed. The hearing request shall be in writing and shall identify the basis for contesting the decision. The request shall be submitted to the department of administration’s division of hearings and appeals. The date on which the division of hearings and appeals receives the request shall be the date of service. DHS 108.02 NoteNote: The mailing address of the division of hearings and appeals is P.O. Box 7875, Madison, Wisconsin 53707.
DHS 108.02(12)(e)2.2. If a waiver applicant wishes to introduce information at the hearing that he or she did not submit to the department under par. (d), the applicant shall provide the department with that information by mailing it to the department with a postmark of at least 7 working days prior to the hearing date. DHS 108.02(12)(e)3.3. The issue for hearing shall be whether the department’s decision was correct based on the information submitted to the department by the waiver applicant within the time periods specified in par. (d) 2. and subd. 2. No other information may be considered by the hearing examiner unless the hearing examiner finds that the applicant did not timely provide the information to the department for good cause. The hearing decision shall be the final decision of the department. The hearing shall be held in accordance with the provisions of ch. 227, Stats. DHS 108.02(12)(f)(f) Applicability. Heirs and beneficiaries may apply for a hardship waiver under this subsection from estate claims filed by the department pursuant to s. 49.496 or 49.849, Stats., in the estates of persons who die on or after April 1, 1995. DHS 108.02(13)(13) BadgerCare buy-in to employer-provided health care coverage. DHS 108.02(13)(a)(a) Authority. The department may purchase coverage under a group health insurance plan offered by the employer of a member of an eligible family if the department determines that purchasing that coverage would not be more costly than providing coverage under BadgerCare. DHS 108.02(13)(b)1.1. The department may not buy in to a group health insurance plan when any member of a family has been covered by a group health insurance plan offered by the employer of a member of an eligible family in the 6 months prior to the buy-in decision. DHS 108.02(13)(b)2.2. Children in a family are not eligible for buy-in to a group health insurance plan if the family had health care coverage through the employer of a member of the family for these children within the previous 6 months. DHS 108.02(13)(b)3.3. The employer shall pay at least 60% of the cost of the premiums for the group health insurance plan, but not more than 80% of the cost, for the department to purchase coverage under a group health insurance plan. DHS 108.02(13)(c)(c) Buy-in method. The department shall purchase coverage by making payment to one of the following: DHS 108.02(13)(c)2.2. The insurance company that provides the group health insurance plan offered by the employer. DHS 108.02(13)(c)3.3. If it is not practical or feasible for the department to purchase coverage by making payment to those specified in subd. 1. or 2., and if requested by the employer or the insurance company offering the group health insurance plan, directly to the employee as reimbursement for premiums paid by the employee. DHS 108.02(14)(14) Medicaid purchase plan buy-in to employer-provided health care coverage. DHS 108.02(14)(a)(a) Authority. The department may purchase a group health plan offered by the employer of an eligible person or non-eligible family member if the department determines that purchasing that coverage and the associated administrative expense would not be more costly than providing the medical assistance coverage described under this chapter. DHS 108.02(14)(b)1.1. The department shall pay on behalf of the recipient all deductibles, coinsurance and other cost sharing obligations under the group health plan that are for services covered under the state plan, except for the nominal cost sharing amounts otherwise permitted under section 1916 of the social security act that are the responsibility of the recipient. DHS 108.02(14)(b)2.2. The department shall purchase coverage by making payment to one of the following: DHS 108.02(14)(b)2.b.b. The insurance company that provides the health care coverage offered by the employer. DHS 108.02(14)(b)3.3. If a non-medical assistance eligible family member is enrolled in the group health plan in order to obtain coverage for the medical assistance eligible family member, the department shall pay for premiums only and not other cost sharing expenses for the non-medical assistance eligible family member. Premium payments for non-eligible members shall be included in the determination of cost-effectiveness under par. (c). DHS 108.02(14)(b)4.4. If a person’s group health plan offers more services than are covered under the state plan, the department may not pay any deductibles, coinsurance or other cost sharing obligations for non-covered services. DHS 108.02(14)(b)5.5. Medicaid purchase plan eligible persons enrolled in a group health plan under this section shall be eligible for wrap-around coverage as described in ch. DHS 101. DHS 108.02(14)(c)(c) Cost-effectiveness determination. A person’s enrollment in a group health plan shall be cost-effective when the amount the department pays for premiums, coinsurance, deductibles, other cost sharing obligations, wrap-around costs and additional administrative cost is likely to be less than or equal to the medical assistance expenditures for an equivalent set of services. DHS 108.02(15)(b)(b) Amounts recovered in estate recovery from a recipient of the medicaid purchase plan shall be reduced by the total amount of monthly premiums paid by the recipient as a condition of eligibility for the medicaid purchase plan. DHS 108.02 HistoryHistory: Cr. Register, February, 1986, No. 362, eff. 3-1-86; emerg. am. (4), cr. (8) and (9), eff. 7-1-92; am. (4), cr. (8) and (9), Register, February, 1993, No. 446, eff. 3-1-93; correction in (6) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; cr. (10) to (12), Register, June, 1995, No. 474, eff. 7-1-95; am. (10) (intro.), (b), (c) (intro.), 3. to 6., (11) (a), (b) 1. (intro.), c., 2. (intro.), c., (12) (a) 2., 4. and 5., cr. (10) (d) and (12) (f) 2., renum. (12) (f) to be (12) (f) 1., Register, April, 1996, No. 484, eff. 5-1-96; correction in (9) (e) made under s. 13.93 (2m) (b) 6., Stats., Register, April, 1999, No. 520; emerg. cr. (13), eff. 7-1-99; emerg. cr. (9) (f), eff. 12-23-99; cr. (13), Register, March, 2000, No. 531, eff. 4-1-00; cr. (14) and (15), Register, November, 2000, No. 539, eff. 12-1-00; corrections in (2), (4), (9) (d) 1., (10) (b), (c) 1., 2., 4. to 6., (12) (b) 2. c. and (14) (b) 5. made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; correction in (12) (b) 2. c. made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653; corrections in (10) (intro.), (11) (a), (12) (a) 2., 5., (d) 1. (intro.), (f) 1., 2., (15) made under s. 13.92 (4) (b) 7., Stats., Register December 2013 No. 696; CR 23-046: am. (9) (d) (title), 1., 2. (intro.), a. to d., 3. (intro.), a., r. (9) (d) 3. b., am. (9) (d) 3. c., cr. (9) (d) 4. to 8., am. (10) (intro.), (a), (b), (c) 1. a. to c., 2. to 6., (d), (11) (a), (12) (a) 2., 4., 5., (b) 2. a. to c., r. (12) (f) 2., am. (15) (a) Register April 2024 No.820, eff. 5-1-24; correction in (10) (c) (intro.), (12) (a) 2. made under s. 35.17, Stats., (12) (f) 1. renumbered (12) (f) under s. 13.92 (4) (b) 1., Stats., Register April 2024 No. 820. DHS 108.03(1)(1) Determination of eligibility. Agencies shall be responsible for determination of eligibility for MA. These determinations shall comply with standards for eligibility found in ss. 49.46 (1), 49.47 (4), and 49.665 (4), Stats., and ch. DHS 103.
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Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
administrativecode/DHS 108.02(12)
administrativecode/DHS 108.02(12)
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